The provisions of this article present certain additional regulations
and standards that are common to all zoning districts, unless stated
as pertaining to a specific district or use herein. These regulations
shall apply in addition to those established by the applicable district.
In the event that the provisions of this article conflict with other
provisions of this chapter, the more restrictive provision shall apply.
All lots and buildings shall, in addition to the applicable
district regulations, comply with the following regulations, as applicable:
A.
Principal buildings.
(1)
No more than one principal building shall be permitted on any lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts. One or more accessory structures may be located on a lot in the AA, R-1, R-2, R-3, R-4, R-5 and VR Districts, subject to the district regulations and as per §§ 455-47 and 455-48.
[Amended 12-15-2014 by Ord. No. 424-14]
(2)
One or more principal buildings may be located on a lot in the PBO, VB and VT Districts and the DC-Devon Center Overlay District. Unless otherwise specified in the applicable district regulations, each such principal building shall conform to all requirements of the respective district in which located as if each building were on a separate lot and with all of the requirements applicable to land developments specified in Chapter 400, Subdivision and Land Development.
[Amended 8-19-2013 by Ord. No. 417-13; 12-13-2016 by Ord. No. 427-16]
(3)
In the case of a building such as a shopping center, an office center
or other similar building where there are a row of individual uses,
the side yard requirement applies to the building rather than to the
individual uses.
B.
Lots.
(1)
No lot shall be so reduced that the dimensional requirements shall
be smaller than prescribed in the district regulations in which the
lot is located.
(2)
Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been ensured by the posting of a performance guarantee pursuant to Chapter 400, Subdivision and Land Development.
(3)
Where a minimum lot area (net lot area) is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in Subsection B(5) below.
[Amended 12-15-2014 by Ord. No. 424-14]
(4)
Where a minimum lot width is specified, no principal building shall
be erected on any part of a lot which has a width of less than is
specified in the appropriate district.
(5)
A building may be constructed on any lot which was lawful when created
and which, prior to the effective date of this chapter, was in single
and separate ownership duly recorded by deed, provided the yard requirements
are observed.
C.
Yards. Where a minimum depth of a yard setback is specified in a
district, an open space of at least the specified depth shall be provided
between the street line(s) or lot line(s) and the nearest point of
any building or structure, except when permitted elsewhere in this
chapter.
(1)
Unless clear sight distance is affected at intersections, the district's
yard requirements shall not apply to an arbor, open trellis, flagpole,
unroofed steps, awning or movable canopy which projects no more than
10 feet, or an open fire escape or unroofed porch at grade which extends
no more than six feet into any yard.[1]
[1]
Editor's Note: Former Subsection C(1), Definitions, was repealed
12-15-2014 by Ord. No. 424-14. This ordinance also redesignated former
Subsection C(2) and C(3) as Subsection C(1) and C(2), respectively.
(2)
In the case of through lots, unless the prevailing front yard pattern
on adjoining lots indicates otherwise, front yards shall be provided
on all frontages.
A.
Fence and wall regulations.[1]
(1)
No fence or wall over six feet in height shall be erected in any of the side or rear yard setbacks required in § 455-35C above.
[Amended 1-15-2018 by Ord. No. 433-18]
(2)
Unless otherwise restricted by this chapter, a fence or wall of not
more than four feet in height or fences up to five feet in height
with the top one foot being at least 50% open may be erected, installed,
or constructed within the required front yard setback, except as follows:
[Amended 1-15-2018 by Ord. No. 433-18]
(a)
Fences or walls up to five feet in height or fences up to six
feet in height with the top one foot being at least 50% open are permitted
within the required front yard setback when set back a minimum of
five feet from the right-of-way line.
(b)
Fences or walls up to six feet in height are permitted within
the required front yard setback when set back a minimum of 10 feet
from the right-of-way line.
(c)
Fences or walls shall not be erected, installed, or constructed
between the street right-of-way line and the cartway surface of the
street on which the lot fronts.
(3)
Unless otherwise restricted by this chapter, in all districts, a
fence or wall of not more than six feet in height may be erected,
installed, or constructed within the required side yards or rear yard
of the lot.
(4)
No fence or wall shall be erected, installed or constructed which:
(b)
Obstructs sight distance at street intersections, whether public
or private, or at the point where any driveway intersects a public
or private street.
(c)
Obstructs or impedes water flow in any drainage easement, perennial
or intermittent stream, or other drainage course.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
No fence or wall shall be erected, installed, or constructed prior to the issuance of the permits required by § 455-95 of this chapter.
C.
Fences shall be erected with the finished side of the fence facing
adjacent properties and rights-of-way. The finished side shall be
considered the side without the structural supporting members.
[Added 1-15-2018 by Ord.
No. 433-18]
D.
All fences or walls erected within the front yard setback shall provide
an operable gate with a minimum width of 36 inches, where thirty-six-inch
or greater openings or breaks in the fence line do not exist to provide
access to the area between any fence or wall and the cartway of the
abutting street, and the property owner is responsible for maintaining
this area. There shall be a minimum of one operable gate or opening
for each street frontage.
[Added 1-15-2018 by Ord.
No. 433-18[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection E.
E.
Exemption. Required open fences for tennis courts and paddle tennis
courts, when an integral part of such structures, and for baseball
and softball field backstops, shall not be subject to the height limitations
of Subsection B(2) above. If a fence is over six feet in height, it
must be located at the immediate edge of the paved playing surface.
Individual flag (rear) lots are permitted, subject to the following
regulations:
A.
Flag lots, as defined within this chapter, shall be permitted only
within a residential district and shall be subject to all regulations
of this section and the applicable district regulations. Flag lots
shall be permitted within a layout of residential lots when no other
alternative can be achieved. When a flag lot or flag lots are proposed
as a part of a residential subdivision, only one tier or row of flag
lot(s) shall be permitted behind or to the rear of typical residential
lots having full lot widths at the street and the building setback
line.
B.
Only one flag lot access strip shall be permitted adjacent to a lot
having full lot width and frontage on a public street.
C.
If more than one flag lot is permitted and is proposed for a residential
subdivision, each individual flag lot access strip connecting the
main body of the lot to a public street, highway, or public right-of-way
shall be separated horizontally along the said road frontage by a
minimum of two full standard residential lots, each of which have
the minimum required lot width at the street line.
D.
The flag lot access strip shall be owned in fee simple and shall
constitute a part of the lot, but its area shall be excluded from
the required minimum lot area (net lot area) calculation imposed by
the district regulations. No flag lot may be served by an easement.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
The flag lot access strip shall have a minimum width of 35 feet extending
from the interior portion of the lot (coextensive with its front lot
line) to the nearest point of access to a public right-of-way and
shall not exceed 400 feet in length measured from the street right-of-way.
F.
The front lot line for a flag lot shall be measured from the interior
end of the access strip and shall not be measured where the access
strip intersects with a street, highway, or public right-of-way. The
width of the front lot line and the lot width at the building setback
line shall each be the distance specified for the minimum lot width
at the building setback line for the applicable district. The principal
building on a flag lot shall be located within an area of sufficient
size to hold a circle with a minimum diameter equal to the required
lot width at the building setback line. The building setback line
shall be measured from the interior rear lot line which the flag lot
front yard faces. Applicable side and rear yards for the district
shall be required for flag lots.
G.
No more than one flag lot may be created from a through lot.
H.
The Board of Supervisors may require an additional width for the
flag lot access strip (extending up to 100 feet) if required for public
safety, or sight distance or for other reasons of traffic safety.
I.
Subject to the other requirements of this section and the limitation imposed by Subsection B above, no more than one flag lot shall be created by resubdivision from a lot that existed in single and separate ownership on the effective date of this chapter, unless such lot is capable of and proposed for subdivision into more than 10 lots in compliance with the district regulations at the time of the creation of the flag lot.
J.
Creation of the access strip to serve the flag lot shall not create
a nonconforming front lot by reducing such lot's required road frontage
below the minimum or, if the front lot is already nonconforming with
respect to road frontage, reduce its road frontage further.
A.
General applicability. Buffering standards are located in Article X of Chapter 274, Natural Resources Protection. Buffering standards for this chapter shall be in compliance with the standards set forth in Chapter 274, Natural Resources Protection, as incorporated by reference in Subsection B below.
B.
Incorporation by reference. The establishment and administration of the provisions governing buffering shall be governed by the provisions of the following articles of Chapter 274, Natural Resources Protection, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XVII of this chapter and the Municipalities Planning Code[1]:
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Applicability.
(1)
Outdoor lighting facilities shall be required for off-street parking,
off-street loading, and ingress and egress thereto for all residential
developments and for all business, commercial, personal service, industrial,
recreational, institutional, public, and other uses. All proposed
intersections with an arterial or collector road, as defined by functional
classification within the Easttown Comprehensive Plan, as may be amended
or readopted, shall have streetlights. The Board of Supervisors shall
have the authority to require outdoor lighting to be incorporated
for other uses or locations where warranted. All outdoor lighting
facilities shall have underground wiring.
[Amended 11-21-2022 by Ord. No. 453-22]
(2)
Proposed lighting regulated by this chapter shall be reviewed and
approved by the Zoning Officer prior to its installation.
B.
Plan submission.
(1)
Lighting plans shall be submitted to the Zoning Officer for review
and approval with all applications for conditional uses, special exceptions,
variances, and subdivision and land development plans. Additionally,
the Zoning Officer may require the submission of a lighting plan with
any building permit application. Lighting plans shall be approved
in conjunction with the corresponding application (conditional use,
special exception, subdivision or land development, building permit,
etc.). The required lighting plan shall include the following information:
(a)
A site plan containing a layout of the proposed fixture locations
and type, including, at minimum, a plan displaying a ten-foot by ten-foot
grid of all areas on the lot to be affected by lighting if such site
plan for lighting does not display the entire parcel; an additional
site plan that displays the parcel, structures, and streets shall
be included, with the area(s) to be affected by lighting displayed
on the site plan. The site plan should display approximate distances
but does not need to be a professional architectural drawing or rendering.
(b)
Catalogue cuts and photometrics for each light fixture, the
method of energizing each light fixture, a listing of the hours of
operation and a plan showing the photometrics for the entire site,
based upon the proposed placement of the light fixtures. A description
of glare-reduction devices, lamps, wattage, control devices, mounting
heights, pole foundation details, and mounting methods, as appropriate
for each fixture, should also be included.
(2)
Post-approval alterations to lighting plans shall be submitted to
the Township for review and approval.
(3)
The Township reserves the right to conduct a post-installation nighttime
inspection to verify compliance with the requirements of this chapter
and, if appropriate, to require remedial action at no expense to the
Township.
C.
Design standards.
(1)
Lighting, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the current recommended practices
of the Illuminating Engineering Society of North America (IESNA) contained
in the most current edition of the IESNA Lighting Handbook, as may
be amended, including but not limited to the following:
Figure 8-1
Outdoor Lighting Requirements
| ||
---|---|---|
Outdoor Lighted Area
|
Maintained Illumination Level
(footcandles)
| |
Streets, local residential
|
0.4 average
| |
Streets, local commercial
|
0.9 average
| |
Parking, residential, multifamily:
| ||
Low vehicular/pedestrian activity
|
0.5 average
| |
Medium vehicular/pedestrian activity
|
0.8 average
| |
Parking, nonresidential:
| ||
High activity (regional shop center)
|
2.0 average
| |
Medium activity (community shop center)
|
1.0 average
| |
Low activity (neighborhood shopping)
|
1.0 average
| |
Walkways and bikeways
|
0.5 average
| |
Building entrances
|
0.5 average
|
Horizontal on task, e.g., roadway, parking, walkway or area
surface
|
Source: IESNA Lighting Handbook, 8th Edition.
|
(2)
Outdoor lighting standards in parking areas shall not be located
farther than 100 feet apart.
(3)
No outdoor lighting shall be permitted which shines directly into
residential units or results in glare beyond an angle of 35° from
a vertical plane.
(4)
All outdoor lighting shall be effectively shielded and shall be arranged
so as to protect street and neighboring properties from direct glare
or light radiation which may cause a safety problem or nuisance. Authority
for determination shall rest with the Township Engineer.
(5)
For lighting horizontal tasks such as roadways, pathways and parking
areas, fixtures shall meet IESNA full cutoff criteria (no light output
emitted above 90° at any lateral angle around the fixture and
no more than 10% light output above 80°).[1]
[1]
Editor's Note: Original § 805.C.6, regarding shielding
of outdoor lighting, which immediately followed this subsection, was
deleted 9-21-2009 by Ord. No. 391-09.
(6)
Floodlights and spotlights shall be so installed and aimed so that
they do not project their output into the windows of neighboring residences,
adjacent uses, directly skyward or onto a roadway.
(7)
Illuminated signs shall have an indirect lighting source or use directional
lighting fixtures that shall be top-mounted so they are aimed downward.
(8)
The maximum height of a freestanding outdoor light standard which
illuminates any portion of a lot in a residential district which is
improved with a dwelling shall be eight feet, except lights which
illuminate a tennis court, which may be a maximum of 20 feet in height.
The maximum height of a freestanding outdoor light standard in all
other districts and for all other uses other than dwellings shall
be 16 feet. The height of an outdoor lighting fixture shall be defined
as the vertical distance from the grade elevation of the surface being
illuminated to the top of the lighting fixture.
[Amended 9-21-2009 by Ord. No. 391-09]
(9)
Unless otherwise permitted by the Township (e.g., for safety, security,
or all-night operations), lighting shall be controlled by the automatic
switching devices, such as time clocks or combination motion detectors
and photocells, to permit extinguishing offending sources between
11:00 p.m. and dawn to mitigate nuisance glare and skylighting consequences.
(10)
All nonessential lighting, including display, aesthetic, parking,
and sign lighting, shall be required to be turned off or reduced by
75% after business hours or 11:00 p.m., whichever is earlier, leaving
only the necessary lighting for site security. Lighting proposed to
remain on after 11:00 p.m. for a specific safety purpose shall be
approved by the Township.
(11)
Directional fixtures used for architectural lighting (e.g.,
facade, fountain, feature and landscape lighting) shall be aimed so
as not to project their output beyond the objects intended to be illuminated
and shall be extinguished between the hours of 11:00 p.m. and dawn.
(12)
When an outdoor lighting installation is being modified, extended,
expanded, or added to, the entire lighting installation shall be subject
to the requirements of this section.
(13)
Township approval of an outdoor lighting plan does not relieve
the landowner of responsibility should lights, after construction,
not conform to the provisions of this section.
D.
Installation responsibilities. The landowner shall install or cause
to be installed all lighting fixtures and facilities at their expense.
Fixtures and poles shall be in accordance with a utility plan prepared
by the applicant and approved by the Supervisors upon recommendation
of the Planning Commission. The landowner shall be responsible for
all costs involved in the lighting of parking lots, streets, and street
intersections.
E.
Residential outdoor lighting requirements. Outdoor lighting facilities
on individual single-family and other residential lots to illuminate
private walkways, driveways, parking areas, patios, tennis courts,
swimming pools, and similar areas shall not exceed 1/10 footcandle
at the property lines and shall be shielded from any public right-of-way
and from abutting properties.
[Amended 12-15-2014 by Ord. No. 424-14]
Where requested by the Township, an applicant for a proposed
use shall demonstrate as a condition of approval that adequate provisions
will be made to reduce and minimize any objectionable elements to
the degree necessary to insure that the proposed use will not be noxious,
hazardous or offensive as defined within this chapter. If required,
the applicant shall submit supplemental information, plans and impartial
expert judgments, and the Township may require the expert advice of
official agencies or private consultants and such reasonable tests
as are deemed necessary, the costs of which shall be borne by the
applicant. The burden of proof shall be upon the applicant.
A.
Noise control. No person shall operate or cause to operate a use or proposed use which creates noise in violation of, or in excess of that permitted by, Chapter 278.
[Amended 11-21-2022 by Ord. No. 453-22]
(1)
The following are maximum permissible sound levels by receiving land
use as specified in Figure 8-2 below. No person shall operate or cause
to be operated on private or public property any source of continuous
sound (any sound which is static, fluctuating, or intermittent with
a recurrence greater than one time in any fifteen-second interval)
in such a manner as to create a sound level which exceeds the limits
set forth for the receiving land use category in the following figure
when measured at or beyond the property boundary of the receiving
land use.
(a)
Maximum continuous sound levels permitted by receiving land
use.
Figure 8-2
Maximum Continuous Sound Levels
| |||
---|---|---|---|
Receiving Land Use Category
|
Time
|
Sound-Level Limit
(dBA)
| |
Residential, public space, open space, agricultural, or institutional
|
7:00 a.m. to 7:00 p.m., Monday to Friday
8:00 a.m. to 5:00 p.m., Saturday to Sunday
|
55
| |
All other times and legal holidays
|
50
| ||
Commercial or business
|
7:00 a.m. to 7:00 p.m., Monday to Friday
8:00 a.m. to 5:00 p.m., Saturday to Sunday
|
65
| |
All other times and legal holidays
|
60
| ||
Industrial
|
At all times
|
70
|
(b)
For any source of sound which emits a pure tone, the maximum
sound-level limits set forth in the above figure shall be reduced
by 10 dBA. For any source of sound which emits an impulsive sound
(a sound of short duration, with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval),
the excursions of sound-pressure level shall not exceed 10 dBA over
the ambient sound-pressure level. Sound levels shall be measured at
the property lines from which the sound emanates, by a sound level,
which conforms to specifications published by the American Standards
Association.
(2)
The maximum permissible sound levels by the receiving land use category
as listed in the previous figure shall not apply to any of the following
noise sources:
(a)
The emission of sound for purpose of alerting persons to the
existence of an emergency.
(b)
Emergency work to provide electricity, water or other public
utilities when public health or safety are involved.
(c)
Explosives and construction operations.
(d)
Motor vehicle operations.
(e)
Public celebrations, specifically authorized by the Township.
(f)
Surface carriers engaged in commerce by railroad.
(g)
The unamplified human voice.
(3)
Excepted from the foregoing restrictions are customary and usual
agricultural operations, maintenance and repair operations performed
on outdoor recreational facilities, such as parks, playing fields,
playground facilities, and golf and tennis facilities. In no event
shall the foregoing excepted actions commence prior to 6:00 a.m.,
prevailing time.
B.
Vibration control. Operating or permitting the operation of any device
that creates vibration, which is transmitted through the ground and
is discernible without the aid of instruments, or is measured in excesses
of 0.002g peak using either seismic or electronic vibration measuring
equipment, at or at any point beyond the lot lines, shall be prohibited.
C.
Control of dust, dirt, smoke, vapors, gases, and odors.
(1)
There shall be no emission of dust, dirt, smoke, ash, fumes, vapors,
or gases or other hazardous or noxious materials to the air in such
quantities that does not comply with Pennsylvania air pollution control
laws, including regulations promulgated by the Pennsylvania Air Pollution
Control Act of January 8, 1960, Public Law 2119, as amended,[1] including the standards set forth in the Department of Environmental Protection's Article III, Title 25, Rules and Regulations, Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), and the National Emission Standards for Hazardous Air Pollutants of the United States Environmental Protection Agency.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(2)
Visible air contaminants shall not be emitted in such a manner that
the opacity of the emissions is equal to or greater than 20% for a
period or periods aggregating more than three minutes in any one hour
or equal to or greater than 60% in any one time and shall comply with
Pennsylvania Code Title 25, Chapter 127, or its most recent update.
(3)
No user shall operate or maintain or be permitted to operate or maintain
any equipment, installation or device which, by reason of its operation
or maintenance, will discharge contaminants to the air in excess of
the limits prescribed herein, unless he shall install and maintain
in conjunction therewith such control as will prevent the emission
into the open air of any air contaminant in a quantity that will violate
any provision of this chapter.
(4)
No uses, except agricultural operations, shall emit odorous gases,
or other odorous matter, in such quantities to be offensive at any
point on or beyond its lot lines.
(5)
The guide for determining such quantities of offensive odors shall
be the fifty-percent response level of Table 1 (Odor Thresholds in
Air), "Research or Chemical Odors Part I — Odor Thresholds for
53 Commercial Chemicals," October 1968, Manufacturing Chemists Association,
Inc., Washington, D.C.
D.
Electric, diesel, gas, or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements and shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.
E.
Control of radioactivity or electrical emissions or electrical disturbances.
(1)
There shall be no activities which emit dangerous levels of radioactivity at any point. Activities which may emit radioactivity beyond enclosed areas shall comply with Chapters 221, 223, 224, 225, and 227, Title 25, Article V, Pennsylvania Department of Environmental Protection, Division of Radiology, Rules and Regulations. No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.
(2)
No radio or electrical disturbances, except from domestic household
appliances, shall be permitted to adversely affect any equipment,
such as, but not limited to, radios and televisions, at any time other
than the equipment creating the disturbance.
(3)
Emergency medical services (EMS), fire departments, and the Township
police shall be exempt from provisions that would hinder the regular
functioning of necessary radio communications.
F.
Fire and explosive hazards. All activities and all storage of flammable
and explosive material shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate firefighting
and fire-suppression equipment and devices as detailed and specified
by the requirements of Chapter 211, Title 25, Rules and Regulations,
Pennsylvania Department of Environmental Protection, for storing,
handling and use of explosives.
G.
Hazardous and special materials.
(1)
There shall be no disposal or release to the environment of any hazardous,
special, or radioactive wastes.
(2)
All federal and state hazardous and special waste laws and regulations
shall be complied with.
(3)
All hazardous and special wastes shall be disposed of at a properly
licensed disposal facility having adequate capacity to accept the
wastes. Evidence of a contractual arrangement with the facility shall
be submitted.
(4)
No vehicle carrying pesticides, fertilizers, or other toxic, hazardous,
or special chemicals or wastes shall pump water directly from a surface
water source.
H.
Heat.
(1)
No direct or sky-reflected glare from high temperature processes,
such as combustion, welding, or otherwise, shall be permitted so as
to be visible at the lot line. These regulations shall not apply to
signs or floodlighting of parking areas otherwise in compliance with
this chapter.
(2)
There shall be no emission or transmission of heat or heated air
so as to be discernible at the lot line.
A.
General requirements.
(2)
Outdoor storage facilities for fuel, raw materials, and products
shall be enclosed with an approved safety fence compatible with the
architectural and landscaping style employed on the lot. In addition
to a fence, bulk storage tanks shall be enclosed by a moat or berm
to contain potential spillage and shall comply with all applicable
EPA and Pennsylvania DEP regulations.
(3)
All organic refuse or garbage shall be stored in watertight, verminproof containers in multifamily, commercial, and industrial developments; garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.
(4)
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, except the following, which shall
meet the National Fire Code:
(a)
Tanks or drums of fuel connected directly with and located and
operated on the same lot as the energy devices or heating appliances
they serve.
(b)
Tanks or drums for storage of not more than 300 gallons of fuel
oil (other than that used for home heating) or gasoline or diesel
fuel, provided such tanks are located no closer than 25 feet to any
building or lot line or 50 feet from any street line.
(c)
No such tanks for heating, storage, or any other purpose shall
be located within the front yard of any property.
B.
Residential outdoor storage.
(1)
Major recreational equipment.
(a)
For purposes of this chapter, major recreational equipment shall
include boats and boat trailers, travel trailers, recreation vehicles
(RVs), pickup campers or coaches (designed to be mounted on automotive
vehicles), tent trailers, snowmobiles, and the like, and apparatus
used for transporting recreational equipment, whether or not currently
being used for the purpose.
(b)
Major recreational equipment shall not be parked or stored on any lot in any residential district except in an enclosed building or to the rear of the rearmost wall of the dwelling on all-weather surface material per § 455-74D(5); provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. For the purposes of this subsection, if the rear yard of the premises is adjoining the side yard of an adjacent residential lot, it shall be considered to be the side yard, rather than the rear yard.
[Amended 11-5-2012 by Ord. No. 411-12; 1-15-2018 by Ord. No. 433-18]
(c)
Major recreational equipment that is stored outdoors in the
side or rear yard shall be no closer to a property line than the setback
lines created by the various yard requirements for the applicable
zoning district.
[Amended 12-15-2014 by Ord. No. 424-14]
(d)
Major recreational equipment stored outdoors shall be screened from adjacent properties from which the equipment is visible so that no part of the equipment may be seen from ground level on all adjacent properties. The screening shall be in the form of either fencing in conformance with the provisions within this chapter or a vegetative buffer, with or without fencing, in accordance with § 274-44B, Article XI, of Chapter 274, Natural Resources Protection.
[Amended 11-5-2012 by Ord. No. 411-12; 12-15-2014 by Ord. No. 424-14]
(e)
No such equipment shall be used for dwelling purposes on a residential
lot.
(2)
Storage of trailers when left in place and used as an extension to
the building is not permitted in residential districts.
(3)
No storage shall be permitted within the front yard of any lot.
(4)
Commercial vehicles in residential districts. No commercial motor
vehicle or part thereof which has a gross weight in excess of 8,000
pounds, or which is in excess of 20 feet in length, and no construction,
excavating, earthmoving, or similar equipment shall be parked, stored
or maintained on any road, right-of-way or lot or within any structure
in any residential district (AA, R-1, R-2, R-3, R-4, R-5, and VR),
except during the actual performance of work on the premises where
said vehicle or equipment is or is intended to be parked, stored or
maintained. The proper maintenance and storage of farm equipment,
horse vans, and recreational vehicles on a lot owned or occupied by
the owner of said equipment, van, or vehicle shall not be prohibited
by the above provisions.
[Amended 8-19-2013 by Ord. No. 417-13; 12-15-2014 by Ord. No. 424-14]
C.
Industrial and commercial outdoor storage. In all industrial and
commercial districts or uses, storage of materials, equipment or vehicles,
but not including the outdoor merchandising of vehicles, parking,
and similar activities, shall be carried on within a building, except
that outdoor storage for a permitted industrial or commercial use
may be permitted by special exception from the Zoning Hearing Board
where all of the following conditions are met:
(1)
The industrial or commercial use involved traditionally employs outdoor
storage.
(2)
Such storage is needed for the successful operation of the use, and
the proposed site is suitable for outdoor storage.
(3)
It can be shown that indoor storage is not practical.
(4)
The storage shall comply with all setback requirements applicable
to the lot and shall cover only that percentage of total lot area
which is proven practical and feasible to the Zoning Hearing Board.
Wherever feasible, outdoor storage shall be located to the side or
rear of the property.
(5)
The storage area shall be screened from view from any public right-of-way,
residential district, or residential use by buildings, walls, or an
effective screen as defined within this chapter.
(6)
Any establishment which furnishes shopping carts or mobile baskets
as an adjunct to shopping shall provide definite areas within the
building and parking space area for storage of said carts. In no case
shall any such cart be allowed to be removed from the property. Each
designated storage area shall be enclosed by a barrier at least six
inches higher than the parking area surface and shall be clearly marked
for storage of shopping carts. All shopping carts shall be stored
indoors or otherwise properly secured during nonoperating hours.
D.
Parking of commercial vehicles in the Planned Business – Office
(PBO) District, Village Business (VB) District and Village Transition
(VT) District. No commercial motor vehicle or part thereof which has
a gross weight in excess of 8,000 pounds, or which is in excess of
20 feet in length, and no construction, excavating, earthmoving or
similar equipment shall be parked, stored or maintained on any road
or right-of-way in the PBO, VB and VT Districts, except during deliveries,
for purposes of moving in and out, and when construction work is actually
being performed on an adjacent lot.
[Added 9-21-2009 by Ord. No. 391-09; 8-19-2013 by Ord. No.
417-13]
The continuation of adequate topsoil on the land within the
Township is considered necessary for the general welfare of the Township.
The permanent removal of topsoil from the land within the Township
shall, therefore, be prohibited. This prohibition shall not be construed
to render unlawful the temporary removal of topsoil for the purpose
of construction of a building or buildings and the regrading of the
land following construction.
A temporary structure or use shall be permitted when in accordance
with the following standards:
A.
Permitted uses:
(1)
Bloodmobile, mobile medical testing facility and similar activities
related to the promotion of public health.
(2)
Headquarters for political campaigns, for a period not to exceed
three months.
(3)
Offices for contractors on the site and during the period of construction
only, after which the office shall move into one of the permanent
units.
(4)
Mobile office of the armed forces of the United States for public
education or recruitment.
(5)
Temporary housing for residents displaced from the principal residence
due to damage which has made the structure uninhabitable while the
principal dwelling is being constructed, renovated, or repaired.
(6)
Temporary shelter for business operations that have been displaced
from the principal building due to damage which has made the principal
structure unusable while the principal structure is being repaired.
(7)
Temporary nonpermanent shelter for business operations involving
the sale of merchandise, including, but not limited to, tents used
by the automotive industry for special events or sales.
(a)
The location, size, purpose and duration of such shelter must
be approved by the Township Zoning Officer two weeks prior to its
placement on a property.
(b)
A temporary structure may not remain standing longer than 30
days, unless an extension of time is approved, in writing, by the
Township at the time of application, or within seven days before the
time the approved application expires.
(c)
The applicant, being either the property owner or business owner,
shall submit a written letter notifying the address, size and type
of structure, purpose of structure, and time the structure is proposed
to remain standing. Such letter shall be submitted to the Township
Zoning Officer for approval. The Zoning Officer reserves the right
to obtain additional information before rendering a decision and may
decline approval by supplying a written letter to the applicant stating
why the proposed placement of such structure is not acceptable. Factors
that may lead to disapproval include, but are not limited to, size,
location, or type of structure.[1]
[1]
Editor's Note: Original § 809.A.7.d, which immediately
followed this subsection, was repealed 6-2-2014 by Ord. No. 422-14.
B.
Standards.
(1)
Except as noted, a temporary use and occupancy permit shall not exceed six months in length. Said permits may be renewed once when approved by the Zoning Officer. A temporary use and occupancy permit shall not be required for those uses listed under Subsection A(1) above, unless such uses remain in the same location for more than two consecutive days.
(2)
In the case of the temporary structures in Subsection A(3), (5) and (6) above, the temporary structure shall only remain in place until the principal structure(s) has been repaired or constructed. The initial permit may be renewed for one three-month period, provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure.
(3)
It shall be the responsibility of the applicant to demonstrate the
need for a temporary use and occupancy permit.
(4)
All setbacks and lot coverage requirements of this chapter shall
be met to the greatest extent possible.
(5)
The owner must reside in one of the structures during construction
or renovations.
(6)
Prior to the issuance of a land use permit for the construction and
renovation on a lot where a temporary residential structure will be
located, the owner shall sign a binding agreement with the Township
that the provisions of this subsection shall be complied with.
(7)
All temporary structures shall be removed completely within 30 days
of the expiration of the permit without cost to the Township.
[Amended 2-4-2019 by Ord.
No. 437-19; 9-21-2009 by Ord. No. 391-09; 11-21-2022 by Ord. No. 453-22]
A.
Purposes. In addition to the purposes and community development objectives in § 455-2 of this chapter, this section is enacted to protect significant historic resources from degradation, destruction, and demolition in order to preserve and protect the cultural and historical roots of the Township, in accordance with the Pennsylvania Municipalities Planning Code (PA MPC), Act 247, Section 603(b)(5), (c)(7), and (g)(2).[1] This section is established to:
(1)
Promote retention of the character of the Township through recognition
and protection of historic resources.
(2)
Establish a clear process by which proposed changes affecting historic
resources are reviewed to mitigate the negative effects.
(3)
Encourage the continued use and protection of historic resources
and to facilitate their appropriate reuse.
(4)
Encourage the preservation and protection of historic settings and
landscapes.
(5)
Discourage the demolition of historic resources.
(6)
Protect and preserve historic resources, per Section 603(b)(5) of
the PA MPC.
(7)
Promote and preserve areas of historic significance, per Section
603(c)(7) of the PA MPC.
(8)
Provide for protection of historic features and resources per Section
603(g)(2) of the PA MPC.
[1]
Editor's Note: See 53 P.S. § 10603(b)(5), (c)(7)
and (g)(2).
B.
Identification of historic resources.
(1)
There shall be two Classes of historic resources in Easttown Township:
(a)
Class 1: a structure that is designated in the Easttown Township
Historic Resources Map, as may be amended, a resource listed on the
National Register of Historic Places, or a resource eligible for National
Register of Historic Places designation.
(b)
Class 2: the applicant can document to the satisfaction of the
Zoning Officer that the structure is more than 50 years old.
(2)
Easttown Township Historic Resources Map.[3] The Historic Resources Map, as may be amended, contains
properties with significant architectural, historical or archeological
sites of the Township and are designated as historic resources.
[3]
The Easttown Resources Map, at the time of this amendment,
consists of the Historic Resources Map (Map 3-4) incorporated into,
and made a part of, the 2018 Easttown Township Comprehensive Plan.
The Historic Resources Map may be later enacted, re-enacted, or amended
in a subsequent form or manner by ordinance or resolution.
(3)
Criteria for Easttown historic resource designation. A property containing
a building, site or structure is determined by the Township to be
of historical, cultural, agricultural, and/or architectural significance
by meeting three or more of the following criteria:
(a)
Is 50 years or older and contains 50% or more of the original
historic resource.
(b)
Is relevant to or associated with the significant development,
heritage, or culture of the Township.
(c)
Is associated with a person of historic significance in the
Township or elsewhere.
(d)
Is the site or location of a notable local event considered
to have had a significant effect on the Township.
(e)
Is representative of a distinctive architectural style, vernacular
building type, or craftsmanship, or is the work of a notable architect
or builder.
(f)
Possesses a notable location and physical characteristics visual
feature as an established and familiar visual feature to a neighborhood
or to the Township overall.
(g)
Contains structures that may have collapsed but leave behind
significant materials such as ruins or aging walls that have yielded,
or may be likely to yield, information in prehistory or history, such
as an archeological site.
(4)
Adding a property to the Historic Resources Map. A property may be
added to the Historic Resources Map, if found to meet three or more
of the criteria for Easttown historic resource designation above and
approved by the Board of Supervisors, in accordance with the below
process.
(a)
The Historical Commission shall determine whether a property
meets three or more criteria for Easttown historic resource designation.
The Historical Commission shall evaluate the property against the
criteria for Easttown historic resource designation at a public meeting
to receive public comments.
(b)
The Planning Commission may also make a recommendation to the
Board of Supervisors for consideration.
(c)
The Board of Supervisors shall consider the recommendations
of the Historical Commission and the Planning Commission when deciding
on whether or not to amend, or further amend, the Historic Resources
Map.
(d)
The Township staff shall mail written notice to the property
owner of record at least 14 days prior to the first public meeting
of the Historical Commission or Planning Commission (whichever comes
first) to formally consider adding the owner's property to the
Historic Resources Map, and at least 14 days prior to the first meeting
of the Board of Supervisors to formally consider or act upon a recommendation
to add the owner's property to the Historical Resources Map.
However, failure to give notice as stated by this subsection shall
not invalidate any recommendation or action taken by the Historical
Commission, the Planning Commission, or the Board of Supervisors.
(5)
Removing a property from the Easttown Township Historic Resources
Map. In the unusual circumstances that a property owner seeks to have
the historic resource considered for removal from the Historic Resources
Map, the following procedure is required:
(a)
The property owner shall show by a preponderance of evidence
in a public meeting of the Easttown Historical Commission that the
historic resource in question does not or no longer meets at least
three of the criteria for Historic Resource Designation. The Historical
Commission shall consider the evidence provided before making a recommendation
to the Board of Supervisors to retain or remove the property from
the Easttown Historic Resources Map.
(b)
The Planning Commission may also make a recommendation to the
Board of Supervisors for consideration.
(c)
The Board of Supervisors shall consider the recommendations
of the Historical Commission and the Planning Commission when deciding
whether or not to amend, or further amend, the Historic Resources
Map.
(d)
The Township staff shall mail written notice to the property
owner of record at least 14 days prior to the first public meeting
of the Historical Commission or Planning Commission (whichever comes
first) to formally consider removing the owner's property to
the Historic Resources Map, and at least 14 days prior to the first
meeting of the Board of Supervisors to formally consider or act upon
a recommendation to remove the owner's property to the Historical
Resources Map. However, failure to give notice as stated herein shall
not invalidate any recommendation or action taken by the Historical
Commission, the Planning Commission, or the Board of Supervisors.
C.
Exterior renovation of Class 1 and Class 2 historic resources.
(1)
Required review process for exterior renovation.
(a)
The Zoning Officer or Building Code Official, based on application
filed, shall notify the Historical Commission of the application for
exterior renovation subject to public view, upon acceptance of a properly
completed application, including the necessary filing fee.
(b)
Within 30 days of receipt of a complete application for exterior
renovation subject to public view, at its next regular meeting or
a special meeting, the Historical Commission shall review the application
for exterior renovation. The applicant will be notified of the meeting
by the Zoning Officer or Building Code Official, based on the application
filed, and encouraged to present the exterior renovation. In reviewing
the application, the Historical Commission shall take into account
the following:
[1]
The effect of the renovation on the historical significance
and architectural integrity of the historic resource in question,
and neighboring historic resources, and on the historic character
of the neighborhood or district in which the historic resource is
located.
(2)
Applications to change the exterior appearance of any contributing
building by addition, reconstruction, alteration, maintenance, or
repair, shall be reviewed one time by the Historical Commission. Exterior
changes for all principal and accessory buildings shall include all
matters which require a permit where subject to public view. These
shall include but are not limited to additions and changes subject
to public view such as the repair or replacement of windows; doors;
balustrades; columns; cornices; moldings; trim; porches, siding and
exterior surfaces; roofing; awnings; fences; signs; murals; and solar
panels.
(3)
Special consideration for Class 1 and Class 2 historic resources
in the Village of Berwyn Districts. The primary design aesthetic of
the Village of Berwyn Districts is Victorian Vernacular. Other designs
that fit in within a specific historic streetscape shall be considered.
Front entrance garages on frontage streets in the Village of Berwyn
Districts are not seen as fitting in with the historic environment.
(4)
The Historical Commission shall utilize the "Design Standards for
Historic Resources Protection," dated September 12, 2022, and any
updates thereto, in their review, analysis, and evaluation of exterior
renovation subject to public view.
(5)
A recommendation from the Historical Commission shall not be required
before a permit is issued by the Building Code Official for changes
to the interior of structures.
(6)
The Historical Commission shall review one time any historic resources
brought to, moved within, or disassembled and re-assembled on-site
in Easttown Township. The review shall include appropriate siting
of the relocated structure within the context of the property.
(7)
The Easttown Township staff and the Historical Commission may perform
a visual inspection from the street for properties depicted on the
Historic Resources Map, as may be amended, to detect maintenance issues
affecting the exterior of structures, and alert the Zoning Officer
of any historic structures deemed in need of maintenance.
(8)
This review process shall be required for exterior renovation of
Class 1 and Class 2 historic resources where such renovation is subject
to public view. Where an applicant agrees, in writing, with the Historical
Commission's recommendation, then renovation permits shall be
issued if otherwise ripe for issuance. Where an applicant disagrees
with the Historical Commission's recommendation, or in the absence
of timely Historical Commission action, the applicant shall, within
seven days of the date of the written recommendation of the Historical
Commission, or within seven days of expiration of the Historical Commission's
time for action, make a written request for review by the Board of
Supervisors, for final Board of Supervisors review and action within
45 days of the date of the written recommendation of the Historical
Commission, or within 45 days of expiration of the Historical Commission's
time for action. Failure of the Historical Commission to act and provide
recommendations within the time periods set forth in this section
shall not result in a deemed approval of the application, but shall
be grounds for the Board of Supervisors to take final review and action
without reference to the Historical Commission recommendation. All
time periods may be extended, and its length established, by mutual
consent.
D.
Exterior renovation subject to public view in the Village of Berwyn
Districts (that are not Class 1 and Class 2 historic resources).
(1)
Simplified review process for exterior renovation.
(a)
The same process set for the under § 455-44C above shall be followed for all exterior renovations requiring a permit and subject to public view in all Village of Berwyn Districts. However, the applicant shall consider the recommendations of the Historical Commission, but need not follow the recommendations, and is not subject to any additional review or action referenced in § 455-44C(8).
(b)
The Historical Commission shall utilize the Design Standards
for Historic Resource Protection, dated September 12, 2022, and any
updates thereto, in their review, analysis, and evaluation of the
exterior renovation.
E.
New construction in the Village of Berwyn Districts.
(1)
Simplified review process for new construction (non-SLDO) in the
Village of Berwyn Districts.
(a)
The same process set forth under § 455-44C above shall be followed for new construction subject to public view in the Village of Berwyn Districts and which does not require subdivision or land development approval. However, for such new construction not requiring subdivision or land development approval, the applicant shall consider the recommendations of the Historical Commission, but need not follow the recommendations, and is not subject to any additional review or action referenced in § 455-44C(8).
(3)
The Historical Commission shall utilize the Design Standards for
Historic Resource Protection, dated September 12, 2022, and any updates
thereto, in their review, analysis, and evaluation of new construction.
F.
Demolition of Class 1 and Class 2 historic resources.
(1)
No Class 1 or Class 2 historic resource shall be demolished, in whole
or in part, whether deliberately or by neglect, including removal
or stripping of any historically or architecturally significant exterior
features, unless a permit is obtained from the Zoning Officer in accordance
with the requirements of this section and other applicable standards
and procedures of the Township Building and Fire Codes.
(2)
Demolition by neglect.
(a)
No Class 1 or Class 2 historic resource shall be demolished
by neglect. "Demolition by neglect" shall be defined as the leaving
open or vulnerable to vandalism or the improper maintenance of a Class
1 or Class 2 historic resource resulting in a detrimental effect on
the character, stability, or structural integrity of the resource,
thereby negating its ability for reuse, whether by ordinary negligence
or willful neglect, by the owner or any party in possession thereof,
which results in deterioration of exterior features as to create a
hazardous or unsafe condition, deterioration of exterior walls, roofs,
chimneys, or windows, the lack of adequate waterproofing, or deterioration
of foundations which could result in permanent damage.
(b)
Demolition by neglect shall not be used as an automatic excuse
by the applicant as justification for an active demolition application.
Demolition by neglect shall also apply to ruins where 60% or more
of the structure remains, such as roof structures, walls, foundations,
or other structures which are clearly in ruins and missing up to 40%
of the structural mass.
(c)
These regulations are meant to protect historic resources from
parties who, by ordinary negligence or willful neglect, allow those
resources, which are in usable condition on a property at the time
of adoption of this chapter or at the time a new owner purchase a
property, to deteriorate or become unusable and a liability to the
point of needing to be demolished for safety reasons. An example of
this would be a party purchasing a property containing an historic
resource displayed on the Township Historic Resource Map in usable
condition and/or previously being used prior to the sale of the property,
and, in order to avoid having to undergo the historic review process,
as outlined in this section, said party allows that historic resource
to become so deteriorated that the resource would quality immediately
for a demolition permit due to the unsafe or hazardous condition of
the resource.
(d)
The following apply for historic resources:
[1]
Unoccupied buildings or structures should be properly sealed,
fenced off, and the utilities turned off for safety at the owner's
expense.
[2]
The structural integrity of both occupied and unoccupied Class
1 or Class 2 historic resources should be achieved through proper
maintenance of all structural, architectural and other critical elements
to ensure against damage by the elements.
(3)
Application requirements for demolition of historic resources.
(a)
The applicant shall submit to the Township an application for
a demolition permit. All applications for demolition shall be reviewed
against the Historic Resource Inventory and Map. If the application
concerns the demolition of a Class 1 or Class 2 historic resource,
the Zoning Officer shall be directed not to issue the permit and shall
inform the applicant to comply with the following procedures and requirements
of this section, as applicable.
(b)
In addition to the applicable requirements under the Township
Building and Fire Codes, any applicant seeking a permit to demolish
an historic resource shall submit the following information regarding
that resource:
[1]
Owner of record.
[2]
Classification of historic resource on the Historic Resource
Inventory and Map.
[3]
Recent photographs of the resource proposed for demolition.
[4]
A site plan showing all buildings and structures on the property.
[5]
Reasons for demolition.
[6]
Method of demolition.
[7]
Proposed use for the site, timeline for implementation of proposed
use for the site, and proposed disposition of materials from the demolished
site, including the reuse and recycling of materials.
[8]
Alternatives which the applicant has considered prior to demolition,
in the form of a concept plan or sketch plan.
(4)
Review process for demolition permits.
(a)
The Zoning Officer shall notify the Historical Commission of
the application for demolition upon acceptance of a properly completed
application, including the necessary filing fee.
(b)
Within 30 days of receipt of a complete application for demolition
from the Zoning Officer, at its next regular meeting or a special
meeting, the Historical Commission shall review the application for
demolition. The applicant will be notified of the meeting and encouraged
to present evidence or testimony pertaining to the demolition. In
reviewing the application, the Historical Commission shall take into
account the following:
[1]
The effect of demolition on the historical significance and
architectural integrity of the historic resource in question and neighboring
historic resources, and on the historic character of the neighborhood
or district in which the historic resource is located. In the instance
of a requested/proposed demolition, the applicant shall provide a
historic report produced by a certified architectural historian that
document the former occupants' history and architectural features
of the buildings and structures. A copy of the historic report, including
photographs, architectural drawings, etc., shall be provided to the
Historical Commission at least one week prior to the public meeting
to review the application.
[2]
Economic feasibility of continuing the existing use or of adaptively
reusing the resource proposed for demolition.
[3]
Alternatives to demolition of the resource, in the form of a
concept plan or sketch plan.
[4]
Whether the applicant has demonstrated that they have considered
alternatives to demolition.
[5]
Whether the resource has been intentionally neglected.
(c)
Recommendation of the Historical Commission. The Historical
Commission shall make its written recommendation to the Board of Supervisors
either recommending approval of the demolition application as submitted,
or recommending approval of the application with conditions. The Historical
Commission may recommend to use the following time periods to provide
adequate opportunity for documentation of the resources as set forth
below, for the applicant to prepare a financial analysis as set forth
below, and/or to engage in discussion about alternatives to demolition
with the applicant. The Historical Commission shall make every effort
to communicate to the applicant the historical significance of the
historic resource, its significance to the Township, and alternatives
to its demolition, with the direct public input from the Historical
Commission.
(d)
Recommendation of the board of supervisors. Within 30 days of
receiving the recommendation from the Historical Commission, the Board
of Supervisors shall consider the application at a public meeting,
together with the recommendation from the Historical Commission, and
vote either to approve the application as submitted, approve the application
with changes, or defer their decision affording a delay of demolition
for up to the periods specified above. The applicant shall be notified
at least 10 days prior to the date of the public meeting and shall
have the opportunity to present reasons for filing the application.
Within five days of making its decision, the Board of Supervisors
shall provide written communication of its decision to the applicant,
the Historical Commission, and the Zoning Officer.
(e)
Issuance of a demolition permit. Where the Board of Supervisors
acts to approve the application, it shall authorize the Zoning Officer
to issue the permit. Where the approval is authorized to be granted
with conditions, the Zoning Officer shall be authorized to issue a
permit upon receipt from the applicant of written acceptance of those
conditions.
(f)
Documentation. Prior to the issuance of a demolition permit,
the applicant may be required at the discretion of the Board of Supervisors
to provide documentation of the Class 1 historic resource proposed
for demolition. Such documentation shall include:
[1]
Historical data, survey information, and other data provided
by local, state, and federal historic preservation organizations and
other agencies.
[2]
Photographs.
[3]
Floor plans.
[4]
Measured drawings.
[5]
Archeological survey by a certified archaeological historian,
if recommended by the Historical Commission as appropriate.
[6]
Other available comparable forms of documentation.
(g)
Financial analysis. In cases where there is claim that demolition
of a Class 1 historic resource is necessary due to financial hardship
or the lack of an economically reasonable alternative for reuse, the
applicant shall be required at the discretion of the Board of Supervisors,
during the period of the delay of demolition, to prepare a financial
analysis, which shall include any or all of the following information:
[1]
Amount paid for the property, date of purchase, and party from
whom purchased.
[2]
Assessed value of the land and improvements thereon, according
to the most recent assessment.
[3]
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record.
[4]
All appraisals obtained by the owner in connection with the
purchase or financing of the property, or during the ownership of
the property, prepared by an MAI Appraiser.
[5]
Bona fide offers of the property for sale or rent, price asked,
and offers received, if any.
[6]
Any consideration by the owner as to profitable, adaptive uses
for the property, and any other practical uses, as well as incentives
which could be offered by the Township to preserve and protect the
historic resource and any input from preservation organizations.
[7]
Written estimates of the cost of rehabilitation from a professional
restoration contractor. The Historical Commission may recommend an
independent evaluation of the soundness of the structure and costs
of renovation, paid by the Township and the Township reimbursed by
the applicant.
(h)
Final recommendation on demolition by the Historical Commission.
Prior to or at the end of the expiration of the 90 (for Class I) or
60 (for Class II) day review period, the Historical Commission may
recommend approval of the demolition permit or, where the Historical
Commission does not believe that the applicant has proven hardship,
may recommend denial of the application. In such cases, the Historical
Commission shall make a written report to the Board of Supervisors
setting forth reasons for its recommendation and the evidence considered.
(i)
Final decision on demolition by the Board of Supervisors. The
Board of Supervisors shall act upon the application for demolition
within or at the 90 (for Class I) or 60 (for Class II) day review
period, whether or not it receives a recommendation from the Historical
Commission, and shall vote either to approve the application, to approve
the application with changes, or to deny the application. Within 14
days of making its decision, the Board of Supervisors shall provide
written communication to the applicant, the Zoning Officer, and the
Historical Commission.
(j)
Any costs incurred by the Historical Commission, as agreed to
by the applicant, to review plans or studies submitted by the Historical
Commission's consultant specifically retained for this purpose
shall be reimbursed to the Township by the applicant.
A.
Purposes. In addition to the purposes and community development objectives in § 455-2 of this chapter, this section is enacted to protect valuable historic resources from degradation or destruction in order to preserve the cultural heritage of the Township. In accordance with the Pennsylvania Municipalities Planning Code, Act 247, Section 603(b)(5), (c)(7) and (g)(2),[1] this section is established to:
(1)
Increase
the opportunity for uses in historic structures within the Township
to assist in their continued viability.
(2)
Promote retention of the character of the Township through recognition
and protection of historic and cultural resources.
(3)
Establish a clear process by which proposed changes affecting historic
resources are reviewed to mitigate the negative effects.
(4)
Encourage the continued use of historic resources and to facilitate
their appropriate reuse.
(5)
Encourage the preservation of historic settings and landscapes.
(6)
Discourage the demolition of historic resources.
[1]
Editor's Note: See 53 P.S. § 10603(b)(5), (c)(7)
and (g)(2).
B.
Applicability. The provisions of this section shall apply to all properties containing Class 1 historic resources as identified in § 455-44B(1).
C.
Permitted uses:
(1)
Any use permitted in the zoning district in which the property is
located.
(2)
Where approved by the Board of Supervisors as a conditional use in accordance with Article XIV of this chapter, as well as the specific requirements for conditional use approval set forth in Subsection C(2)(a) to (d) below, additional use opportunities from those permitted in Subsection C(1) above may be permitted on properties containing Class 1 historic resource(s). Such use opportunities may be permitted in place of any existing use being made of the property, as a second principal use and/or an accessory use. It is intended that such uses not otherwise permitted in the underlying zoning district be principally contained within structures designated as Class 1 historic resources. Additional use opportunities shall, when permitted by conditional use, include the following:
(a)
Adaptive reuse. The regulations specified in § 455-49 of this chapter shall apply to a Class 1 historic resource if approved as a conditional use, except that multifamily building or development shall not be permitted.
(b)
Cultural facility, such as a nonprofit historic, educational,
or like organization available to the general public in the form of
a museum, historic resource, botanical garden, or like facility.
(c)
Combination of uses. More than one principle use, either as
permitted in the zoning district that the historic structure is located
or permitted by conditional use, may be permitted in a structure if
approved by conditional use.
(d)
Similar uses. Similar uses, such as those listed above, may
be permitted if the applicant for a conditional use proves to the
satisfaction of the Board of Supervisors that such use will not jeopardize
the integrity of the historic resource and will accomplish the goals
stated in this section.
[Amended 6-2-2014 by Ord.
No. 422-14]
D.
Area and bulk regulations.
(1)
The area and bulk regulations related to the zoning district in which the historic resource is located shall apply, unless modifications are approved by Subsection D(2) below.
(2)
The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the applicable net lot area, lot width, or yard requirements for plans affecting Class 1 historic resources, in accordance with the criteria set forth under Article XIV, Conditional Uses, and provided the criteria in Subsection E below are met.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
General conditional use criteria. The Board of Supervisors, through the granting of a conditional use, may approve additional use opportunities and/or modifications to area and bulk standards for Class 1 historic resources, in accordance with the criteria set forth under Article XIV, Conditional Uses, and provided the following additional criteria are met:
(1)
The approval of the conditional use is deemed by the Board of Supervisors
to be necessary to the preservation of the historic resource.
(2)
Every reasonable effort shall be made to provide a compatible use
for a property, which requires minimal alteration of the building,
structure or site and its environment, or to use a property for its
originally intended purpose.
(3)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(4)
Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event replacement is necessary,
every attempt should be made to match the original material being
replaced in composition, design, color, texture, and other visual
qualities. Repair or replacement of architectural features should
be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than conjectural designs or
the availability of different architectural elements from other buildings
or structures.
(5)
The approval of the conditional use will be deemed by the Board of
Supervisors to have no adverse effect on adjoining properties.
(6)
In granting conditional use approval, the Board of Supervisors may
require as a condition of approval the establishment of a conservation
easement or other means to guarantee permanent protection of the historical
integrity of the resource.
(7)
In granting conditional use approval, the Board of Supervisors shall
be satisfied that adequate water supply and sewage disposal can be
provided for all permitted uses.
(8)
Where plans for historic resources result in all or portions of any
such resources remaining unoccupied, such unoccupied resources shall
be tightly sealed and barred off in a manner not compromising historical
integrity, and the utilities are turned off for safety.
(9)
Any plans for the rehabilitation, alteration, or replacement of an
historic resource proposed to be a part of the conditional use application
must be in substantial compliance with the Secretary of the Interior's
Standards for Rehabilitation of Historic Structures.
(10)
The Planning Commission shall review all requests for conditional
use approval and evaluate whether requested modifications are necessary
for the preservation of the historic resource. The Commission shall
review any construction plans for their compliance with the standards.
Recommendations shall be transmitted in a written report to the Board
of Supervisors prior to the rendering of a decision by the Board of
Supervisors.
(11)
The Board of Supervisors may deny the request for conditional
use, upon the review of the Planning Commission, if it deems the proposal
to be unacceptably destructive to the integrity of the historic resource
and/or where the Board finds the proposal to be inappropriate in the
context of the immediate neighborhood.